Galinis files suit over 2011 courthouse arrest

Tuesday

Aug 12, 2014 at 8:13 AMAug 12, 2014 at 8:13 AM

By Don Reiddwreid@aol.comGRAND RAPIDS — Coldwater resident Peter Galinis has filed a combined federal and state civil rights lawsuit asking for $2 million in damages and another $2 million punitive damages suit against Branch County and others following an incident and his subsequent courthouse arrest Aug. 1, 2011.Galinis is acting as his own attorney in filing the well-drafted, 26-page lawsuit.The lawsuit names the county, sheriff’s office, Sheriff John Pollack, Coldwater Police Department and five unnamed city officers as defendants. Galinis claimed his federal civil and constitutional rights were violated for malicious prosecution for resisting arrest, and for false and unlawful arrest, and unlawful confinement.Galinis also added in state claims for false arrest and false imprisonment, malicious prosecution, battery and violation of state civil and constitutional rights.After a Michigan Supreme Court decision changed the law Calhoun District Judge Hugh Durham dismissed charges of resisting arrest against Galinis, 35, on a motion for rehearing by then defense attorney now and now Branch County Prosecutor Ralph Kimble.Judge Durham said, "The law is reversed. Now you can resist a non-lawful arrest."Among the standard defenses raised by the defendant were claims at the time of the arrest court officer Carl Sevidal, the sheriff, and city officers acting at their request had "probable cause" to arrest Galinis in the second floor courthouse hallway. The defense also claims statutory sovereign immunity.The incident that Aug. 1 resulted from Galinis’s reputation for insisting on his "constitutional rights." Galinis has confronted police and courthouse staff with claims that his rights have been violated in a series of events over the years.Galinis was in the second floor hallway after having paid for a DVD video of a District Court trial for resisting Coldwater police at his home — a trial he won representing himself before a jury.Galinis could not get the DVD to play and went back to the District Court office. The court administrator said she would help him but first he had to stop recording their conversations.She would not converse with him until he left his cellphone, on which he was recording, at the security desk and he refused.Court Security officer Sevidal conferred with Branch County Magistrate then asked Galinis to leave. He refused.Galinis stood along the corridor wall. Coldwater Police who were present asked Galinis to come back again another day. He remained there. Then Pollock came to assist Sevidal.Pollock testified he put his hand on Galinis, who pushed back. When he brought his hand around Pollock said he put Galinis under arrest and tried to cuff Galinis behind his back.Judge Durham heard testimony at the preliminary exam after Branch County District Judge Brent Weigle recused himself since his staff were witnesses.Judge Durham ruled the courthouse "is a public building and (Galinis) had a right to be here. I can find no authority to tell him to leave. Neither officer had any right to tell him to leave a public hallway."Because the arrest was not lawful the judge said Galinis "had a right to resist as a matter of law" under that new 2012 Michigan Supreme Court decision over turning a 2004 case.Judge Durham clarified that right did not apply if the person was trespassing, disturbing the peace or disruptive.All the federal defendants have denied any liability in their answers to the suit, which is just beginning its process through the federal system.The case was assigned to veteran Judge Paul L. Maloney.